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Full text of "Hedlund injunctive relief"

IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY 



LARRY R. HEDLUND, 
Plaintiff, 

v. 

RECORDS CUSTODIAN, 
IOWA DEPARTMENT OF PUBLIC SAFETY^ 

Defendants. 

COME NOW the Plaintiff, Larry R. Hedlund ("Hedlund"), by counsel, pursuant to Iowa 
Code Section 22.10 and states the following: 

INTRODUCTION 

1 . At all times material hereto, Hedlund was a resident of Fort Dodge, Webster 
County, Iowa. Hedlund is an "aggrieved person" within the meaning of Iowa Code § 22.10(1). 

2. At all times material hereto, the Iowa Department of Public Safety ("Iowa DPS") 
was a government body and the lawful custodian of the records at issue in this case. The 
principal place of business for Iowa DPS is Polk County, Iowa. 

BACKGROUND FACTS 

3. Hedlund was employed by the Iowa DPS in the Department of Criminal 
Investigations from July 1, 1988 to July 17, 2013. At the time of his termination, Hedlund was a 
Special Agent in Charge ("SAC"). 

4. On May 1 , 201 3 SAC Hedlund was placed on paid administrative leave pending 
an investigation by the Professional Standards Bureau; an arm of the Iowa DPS. 

5. After Hedlund was placed on leave, the Professional Standards Bureau conducted 
an investigation regarding alleged work rule violations by SAC Hedlund. 



CASE NO. 

PETITION FOR TEMPORARY 
AND PERMANENT IN.IUCTIVE 
RELIEF AND REQUEST FOR 
IMMEDIATE HEARING 



6. The investigation resulted in a 500-page "Confidential Personnel Investigation" 
which became the basis for SAC Hedlund's termination on July 17, 2013. The "Confidential 
Personnel Investigation" generally consists of witness statements, emails as well as text and 
phone records. 

7. The cover pages of the investigative report refers to it as a "Confidential Case 
File" and a "Confidential Personnel Investigation." The following admonition is found on the 
second (cover) page: "This is an Administrative Personnel Investigation report. It contains 
references to persons and facts not publically known. The welfare and safety of these witness, 
the Department of Public Safety Employees and the integrity of this investigation may be 
compromised by disclosure of this material. This investigative report is protected under Iowa 
Statute or case law and the Iowa Administrative Rules. Improper dissemination or attempt to 
obtain such materials may subject an individual to civil or criminal sanctions." (Exhibit "A") 

8. On July 1 8, 201 3 Governor Terry E. Branstad held a press conference where he 
likewise acknowledged that the Confidential Personnel Investigation could not be disclosed to 
the public and refused to answer questions relating to the content of the report stating: "I would 
love to tell you everything but the lawyers tell me I can't." 

9. On July 25, 201 3 Governor Branstad wrote a letter to Louis A. Lavorato 
("Lavorato"); the former Chief Justice of the Iowa Supreme Court. In the letter, Governor 
Branstad makes the following statement: "Iowa law prevents all Iowans from having all the facts 
and events surrounding Mr. Hedlund's termination; therefore, I ask you to fully review the 
Internal Affairs investigation and provide the public with your own independent conclusion as to 
whether Mr. Hedlund's termination was in any way related to retaliation for reporting my vehicle 
for speeding on April 26, 2013. I have asked the Department of Public Safety, and all state 
employees, fully cooperate with you. I ask that they provide you all documents you request." 
(Exhibit "B") 



10. On information and belief, Lavorato currently has a copy of Hedlund's 
Confidential Personnel Investigation in his possession and control. 

VIOLATION OF IOWA CODE CHAPTER 22 

1 1 . Iowa Code §22.7(1 l)(a) provides in pertinent part: 'The following records shall 
be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, 
or by any person duly authorized to release such information: Personal information in 
confidential personnel records of government bodies relating to identified or identifiable 
individuals who are officials, officers or employees of the government bodies." 

12. Iowa DPS, the custodian of record, acknowledged that the Confidential Personnel 
Investigation regarding SAC Hedlund is "protected on or under Iowa Statute or case law and 
Iowa Administrative Rules." (Exhibit "A") 

13. On information and belief, Governor Branstad ordered the Iowa DPS to disclose 
the Confidential Personnel Investigation regarding SAC Hedlund to Louis Lavorato; a member 
of the general public who is not an employee or agent of the State of Iowa. 

1 4. The Iowa Court of Appeals in State v. Garrison. 2006 WL 1 38280(Iowa Ct. App. 
2006)(unpublished) held that an investigative file regarding the suspension of a DCI agent was 
exempt from disclosure: "The documents generated through the investigation of Agent Berrier's 
conduct and his resulting suspension constitute such "[pjersonal information in confidential 
personnel records." Id. at * 19. See e.g. , American Civil Liberties Union Foundation of Iowa. 
Inc. v. Records Custodian. Atlantic Community School District . 818 N.W.2d 231, 236 (Iowa 
2012)(employee disciplinary information exempt from disclosure under §22.7(1 1)); Clymer v. 
City of Cedar Rapids , 601 N.W.2d 42, 48 (Iowa 1999)(sick leave records of public employees 
can be disclosed "so long as the information disclosed does not reveal. . . professional 
evaluations. . . "); Pes Moines Independent Community School District v. Pes Moines Register 



& Tribune Company. 487 N.W.2d 666, 670 (Iowa 1 992)(in-house job performance documents 
exempt from disclosure). 

15. The conduct of the Iowa DPS in disclosing SAC Hedlund's Confidential 
Personnel Investigation to Lavorato violates Iowa Code § 22.7(1 1). 

16. A petition seeking similar injunctive relief was not presented to and refused by 
any other court or justice. 

1 7. Plaintiff submits that a bond is not required as per Iowa Rule of Civil Procedure 
1 . 1 508 in that no monetary or other liability will inure to the custodian of record for DPS as a 
result of the court granting the request for injunctive relief. 

WHEREFORE, Plaintiff Larry Hedlund requests the following relief: 

(a) that an injunction punishable by civil contempt be issued against the lawful custodian 
and other appropriate persons within the Iowa DPS ordering them to comply with the 
requirements of Chapter 22 in this case including ordering them to request that Lavorato return 
the Confidential Personnel Investigation; 

(b) that an injunction punishable by civil contempt be issued against the Iowa DPS and 
other appropriate persons ordering them to refrain from any future violations of Chapter 22 for a 
period of one year; 

(c) that as a result of the knowing violation of the statute that the custodian of record and 
other appropriate persons be ordered to pay $2,500.00 in damages; 

(d) that an order be issued requiring the custodian of record or other appropriate person 
to pay costs and reasonable attorney fees for establishing a violation of Chapter 22. 



319 7"' Street, Suite 600 
Des Moines, Iowa 50309 
Telephone: 515-281-1111 

Facsimile: 51-5-282-047-7 

Email: tom@tdurrlaw. com 

ELIZABETH FLANSBURG (AT0002614) 
LAWYER, DOUGHERTY, PALMER & 
FLANSBURG, PLC 
4090 Westown Parkway, Suite E 
West Des Moines, I A 50266 
Telephone: 515/223-8860 
bethflansburg@me. com 
ATTORNEYS FOR PLAINTIFF 



Original filed. 



Copies to: 



Jeff Peterzalek 

Assistant Attorney General 

Hoover State Office Building 

Des Moines, IA 50319 

515-281-4213 

Fax 515 281-7551 




CERTIFICATE OF SERVICE 
The undersigned certifies that the foregoing instrument was 
served upon sTl parties to the above cause to each of the attorneys 

. . .... _• - — - ■ * *i;f*sOne>£iri An the* 



Q Overnight Courier 




□ HanrJDerwSJifi 



Louis A. Lavorato 

809 Valley West Drive 

West Des Moines, Iowa 50265 



State of Iowa 
DEPARTMENT OF PUBLIC SAFETY 

PROFESSIONAL STANDARDS BUREAU 
CONFIDENTIAL CASE FILE 




ORIGINAL □ FIELD INVESTIGATION 

□ DIVISION COPY □ COMMISSIONER'S OFFICE COPY 

□ OTHER COPY TO: 

CASE FILE NUMBER: 2013-034 

Please Return To The 
Professional Standards Bureau 
When The Case Is Complete 




IOWA DEPARTMENT OF PUBLIC SAFETY 
PROFESSIONAL STANDARDS BUREAU 




CONFIDENTIAL PERSONNEL INVESTIGATION 



In accordance with Department of Public Safety Procedure, Rule 29-01.01, Personnel 
Investigations. All Professional Standards Bureau case files are to be returned to the 
Professional Standards Bureau. Only the Professional Standards Bureau shall maintain 
permanent records of the investigations. 



This is an Administrative Personnel Investigation report. It contains references to persons and 
facts not publicly known. The welfare and safety of these witnesses, Department of Public 
Safety Employees and the integrity of this investigation may be compromised by disclosure of 
this material. This investigative report is protected under Iowa Statute or case law and Iowa 
Administrative Rules. Improper dissemination or attempts to obtain such material may 
subject an individual to civil or criminal sanctions. 



Chapter 22.7 - Code of Iowa 
Chapter 622.11 - Code of Iowa 
661 Chapter 35 - Iowa Administrative Code 



Terry e. branstao 



OFFICE OF THE GOVERNOR 



Kim reynoi ,ds 

t_T. GOVERNOR 



GOVERNOR 



July 25, 2013 



The Honorable Louis A. Lavorato 

Former Chief justice of the Iowa Supreme Court 

809 Valley West Drive 

West Des Moines, Iowa 50265 

Dear Chief justice Lavorato, 

You are known within the legal commu nity for your integrity, legal acumen and impartial judgment. I 
believe the people of Iowa would benefit from your independent review of a matter of public interest. 

On the afternoon of April 26, 2013., Larry Hedlund, a supervisor with the Division of Criminal 
Investigation (DCI), reported a speeding vehicle on Highway 20. A State Trooper located the vehicle 
and determined it was travelling at 84 mph in a 65 mph zone. I was a passenger in the vehicle. An 
unrelated complaint was filed against Mr. Hedlund prior to the afternoon of April 26 th . The 
Professional Standards Bureau (Internal Affairs) investigated the complaint against Mr. Hedlund. On 
July 17, 2013, the Internal Affairs investigation concluded and the Department of Public Safety 
terminated Mr. Hedlund. 

1 believe unfounded accusations of retaliation have been made against me. Ai! of the requested 
information that can be released pursuant to our Open Records law has been released to the public, 
Iowa law prohibits me from providing the public full access to all of information related to the 
complaint filed against Mr. Hedlund, including the investigative file. This complaint led to his eventual 
termination by the department. 

i am committed to transparency, Iowa law prevents all lowans from having all of the facts and 
evidence surrounding Mr, Hedlund's termination; therefore, I ask you to fully review the Internal 
Affairs investigation and provide the public with your own independent conclusion as tn whether Mr. 
Hedlund's termination was in any way related to retaliation for reporting my vehicle for speeding on 
April 26, 2013. 1 have asked that the Department of Public Safety, and all state employees, fully 
cooperate with you. I ask that they provide you all documents you request. It is my understanding 
that the Attorney General's office has prepared a Non-Disclosure Agreement to ensure compliance 
with all laws regarding confidentiality and that you are bound by the same confidentiality obligation as 
the State. You have full discretion to interview anyone you choose to interview on a voluntary basis. It 
is important to me that you have complete autonomy and full authority over your independent review 
and how you choose to conduct it. Your independent conclusion will be made available to the public. 



STAit CAPITOL DES MOINES, IOWA 50319 515.261.5211 FAX 51 5.725.3527 WWW.GOVERNOR.IOWA.GOV 



Sincerely, 





Governor